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Legal Separation but still Joint Tenants
Sea_Shell
Posts: 10,085 Forumite
If a Husband and Wife are Legally Separated (but not Divorced), but still own a property as Joint Tenants, what does this mean in real terms in respect of Intestacy rules, care home fees (if needed) or any other financial matters, like Pensions etc. I can't seem to find much info on what it actually means, in the real world, to be Legally Separated.
Does it make a difference who is actually offically 'living' in the house (for care fee disregard purposes), and what would be considered proof (for LA) of that. e.g. it's still one parties "official" residence, but they don't "live" there (no personal belongings, toothbrush etc)
Thanks.
Does it make a difference who is actually offically 'living' in the house (for care fee disregard purposes), and what would be considered proof (for LA) of that. e.g. it's still one parties "official" residence, but they don't "live" there (no personal belongings, toothbrush etc)
Thanks.
How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
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Comments
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What do you mean by "legal" separation? Only a judicial separation or divorce makes any real difference, otherwise the law considers you to be husband and wife.
If you own a property as equitable joint tenants it means that you both have equal rights to the whole property, so that the property automatically passes to the other on death.
It is possible to sever the equitable joint tenancy, this is normally done by serving a notice of severance on the other joint tenant (see section 196 of the Law of Property Act 1925 - https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/196), However, there are other ways of causing a severance. The effect of severance is that you will each have a right to 50% of the property regardless of your actual financial contributions. On death, 50% of the property then passes to the beneficiaries under a will or under the rules of intestacy (if there is no will).
The rules of intestacy state that unless a husband and wife are judicially separated or divorced, they are normally entitled to all or most of their deceased spouse's estate.0 -
Yes I did mean judicially separated. Do intestacy rules differ under this then?How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)0
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Yes - the spouse will no longer inherit.
However, the property held as an equitable joint tenancy will still pass to the other spouse on death.0 -
What about any widow's pension benefits?How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)0
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Sorry, also, is there a central public register where an potential executor might check this is the case?How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)0
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Thanks for that. How do I go about search court records for this, I think I know which county court it would have been registered in. Would it be the County Court?How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)0
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Yes it will be in the county/family court, there may be a fee to pay but if you ring the court helpline they should be able to help.0
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